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German Self-Defence Law

On my Facebook page today I have been sharing various links, quotes and extracts relating to self-defence law. It’s mainly UK stuff, but there is some Canadian, Australian and US stuff thrown into the mix. Thanks to Bernd Alscher – who emailed me this text earlier today – I also have some German stuff too!

The original text in German follows; which is obviously perfect for our German members. For those who are monolingual (i.e. our British and American members :-) I also ran the text through Google Translate in order to get rough (very rough!) English language approximation.

Rough English Translation via Google Translate

( 1) A person who commits an act that is required by self-defense , is not unlawful.
( 2) self-defense is the defense , which is necessary to avoid another a present unlawful attack by itself or .

Penal Code § 33 exceeding the self-defense

Exceeds the limits of self-defense of the perpetrators of confusion , fear, or terror , he will not be punished.

Penal Code § 34 Justifying emergency

Who in a current , otherwise preventable danger to life, limb , liberty , honor, property or another legal an act commits to avert the danger from himself or another, is not unlawful if , upon weighing the conflicting interests, namely the concerned of legal protection and the degree of impending dangers , the protected interest substantially outweighs the impaired . However, this applies only if the act is an appropriate means to avert the danger.

Penal Code § 35 apologetic emergency

( 1) Any person in a current , otherwise preventable danger to life, limb or liberty commits an illegal act to avert the danger from himself , a relative or another person close to him , acts without guilt . This does not apply if the offender according to the circumstances , in particular because it has caused the risk or because he was in a special legal relationship could reasonably be expected to accept the risk , however, the penalty according to § 49 paragraph 1 may be reduced if the offender had not to accept the risk with regard to a particular legal relationship .
( 2) If the offender commits the deed erroneous circumstances which would excuse him according to paragraph 1 , it shall only be punished if he could avoid the error. The penalty is to mitigate paragraph 1 in accordance with § 49

BGB § 227 self-defense

( 1) A self-defense afforded by action , is not illegal.
( 2) self-defense is that defense, which is necessary to avoid a present unlawful attack of oneself or another .

BGB § 228 emergency

Who damaged or destroyed in order to avert an imminent danger of it by oneself or another a strange thing , is not illegal if the damage or destruction to prevent the hazard is required, and the damage is not to the risk out of proportion . Has the doer the danger of debt, he is obliged to pay compensation .

Penal Code § 323c Omitted assistance

If you do not provide assistance for accidents or common danger or distress , although this required and expected of him under the circumstances , especially without significant own risk and without violation of other important duties is possible , shall be punished with imprisonment up to one year or a fine.

In summary, one can say:

Can you answer the following question with yes in a dangerous situation one must defend :

I look for me a danger that I can not help but turn away , than by the breach of the attacker ?

If you yourself can answer this question with yes one has the right to defend themselves. However, this means that you always have to choose the means of defense with which you are sure to fend off the attack, but the least hurt the attacker.